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HomeMy WebLinkAboutDEMCO Inc; 2020-12-01; PWLCA-1917Tracking #: PW-LCA-1917 COLE LIBRARY, SERVICE DESK RECONFIGURATION Page 1 of 6 City Attorney Approved 1/22/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT GEORGINA COLE LIBRARY PUBLIC SERVICE DESK RECONFIGURATION This agreement is made on the _________ day of _________________, 2020 by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and DEMCO, Inc., a corporation, whose principal place of business is 4810 Forest Run Road, Madison, WI 53708-8548 (hereinafter called "Contractor"). City and Contractor agree as follows: Coordinate and project manage library system furniture and disassemble, reassemble existing furniture, and add components as requested per the furniture approved design. DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Sarah Dana (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: 2A426804-36AC-43FD-94E1-9FED7E7A1697Debbie Jo McCool Sarah DanaDebbie Jo McCool Suzanne Smithson Ed Garbo December1st Tracking #: PW-LCA-1917 COLE LIBRARY, SERVICE DESK RECONFIGURATION Page 2 of 6 City Attorney Approved 1/22/2020 FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: Kurt Ballweg Vice President Finance Demco, Inc. REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of DocuSign Envelope ID: 2A426804-36AC-43FD-94E1-9FED7E7A1697 Tracking #: PW-LCA-1917 COLE LIBRARY, SERVICE DESK RECONFIGURATION Page 3 of 6 City Attorney Approved 1/22/2020 every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. DocuSign Envelope ID: 2A426804-36AC-43FD-94E1-9FED7E7A1697 Tracking #: PW-LCA-1917 COLE LIBRARY, SERVICE DESK RECONFIGURATION Page 4 of 6 City Attorney Approved 1/22/2020 Start Work: Contractor agrees to start within 30 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 90 working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. California Valley Construction 4076 N Hammel Way (name of Contractor) 833618 (street address) Fresno, CA 93727 (Contractor’s license number) General Contractor “B”, exp. 2022 (city/state/zip) 559-291-4370 (license class. and exp. date) 1000034076 (telephone no.) (fax no.) Kirby_CVC@comcast.net (DIR registration number) Will renew license upon receiving purchase order to proceed (DIR registration exp. date) (e-mail address) AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Chad D. Edwards, President Demco, Inc. SUZANNE SMITHSON Library & Cultural Arts Director As Authorized by the City Manager (print name/title) By: ATTEST: (sign here) For BARBARA ENGLESON Kurt Ballweg, Vice President Finance Demco, Inc. City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: For CELIA A. BREWER, City Attorney BY: _____________________________ Deputy/Assistant City Attorney DocuSign Envelope ID: 2A426804-36AC-43FD-94E1-9FED7E7A1697 Audra Mahoney Audra Mahoney Tracking #: PW-LCA-1917 COLE LIBRARY, SERVICE DESK RECONFIGURATION Page 5 of 6 City Attorney Approved 1/22/2020 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract None Total % Subcontracted: ___0%____________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: 2A426804-36AC-43FD-94E1-9FED7E7A1697 Tracking #: PW-LCA-1917 COLE LIBRARY, SERVICE DESK RECONFIGURATION Page 6 of 6 City Attorney Approved 1/22/2020 EXHIBIT B SCOPE OF WORK DEMCO furniture service includes field research, making color selections, producing all drawings, product specifications for review and approval. Coordinate and project manage assembly of systems furniture. De-assembly and retro fit furniture to existing product on site per CITY’s direction. Furniture build out to take place at Georgina Cole Library, 1250 Carlsbad Village Drive, Carlsbad, CA 92008. All work to be coordinated with: Interim Deputy Librarian Director Sarah Dana, sarah.dana@carlsbadca.gov, 760-434-2930 or Lead Librarian Darin Williamson, darin.williamson@carlsbadca.gov, 760-434-2928 HEALTH & SAFETY During the COVID-19 health-related pandemic, all activities occurring at City facilities, all Parties must adhere to the guidance from the state, county, and local authorities on health and safety protocols. City staff will inform Contractor what the current guidelines are prior to their arrival and entering any City facility. Safety protocols may include, but are not limited to, hand washing, temperature testing, requiring face covering, maintaining physical distancing of six feet. The safety protocols may be modified at any time due to changing rules, regulations, or circumstances. INVOICING Contractor will be responsible for submitting invoices for Payment to the City of Carlsbad's Interim Deputy Library Director or designee, as designated on the schedule above. All invoices shall be detailed to include related activities. Final invoice approval will be completed by the Library & Cultural Arts Director or designee. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Installation services to disassemble, reassemble and install DEMCO furniture pieces at City’s direction. Work to be completed by DEMCO’s contractor CA Valley Construction Per Quote ID T0289021 dated 11/18/2020 $11,214.29 *Includes taxes, fee’s, expenses and all other costs. DocuSign Envelope ID: 2A426804-36AC-43FD-94E1-9FED7E7A1697 P.O. Box 7488 Reference: T0289021 Madison, WI 53707-7488 Contract/Bid ID: PH 800-356-1200 FAX 800-245-1329 Today: 11/18/20 Quote Expiration Date: 12/31/20 NAME: City of Carlsbad CONTACT: DARIN WILLIAMSON PHONE: 760-815-0587 CELL EMAIL: darin.williamson@carlsbadca.gov 1 1 P00000480 Installation Services by CA Valley Construction 11,214.29 Net 11,214.29 Loading Dock? No,loading dock does not exist at site Special Loading Doc Info? na What floor of bldg deliver to? 1st Elevator available to use/size Not Applicable Stair carry necessary? na Doorway sizes Yes, All doorways are 36"W or more Special Doorway Info? na Debris Removal? Yes, remove debris to customers waste containers Prevailing Wages ? Yes, Prevailing Wage Rates Required Addl Prevailing Wage Info? na Customer SITE CONTACT Name? Darin Williamson Customer SITE CONTACT Phone# 760-815-0587 How many trips to install? Single Trip for All Items Explain add'l instll trips na Shelving - Wall/Floor Mnt? No, do not secure shelving at all Special Instructions? na All debris will be removed to customer provided onsite disposal. Product will be delivered directly to the customer. Installer will arrive on site to reconfigure. PLEASE NOTE: This item may not be returned unless damaged or defective.DocuSign Envelope ID: 2A426804-36AC-43FD-94E1-9FED7E7A1697 PAGE: 2 P.O. Box 7488 Reference: T0289021 Madison, WI 53707-7488 Contract/Bid ID: PH 800-356-1200 FAX 800-245-1329 Today: 11/18/20 Quote Expiration Date: 12/31/20 NAME: City of Carlsbad CONTACT: DARIN WILLIAMSON PHONE: 760-815-0587 CELL EMAIL: darin.williamson@carlsbadca.gov ___________________________________________________ Order Subtotal 11,214.29 ___________________________________________________ *Shipping/Processing Included Sales Tax Exempt Grand Total 11,214.29 ___________________________________________________ *Delivery Provisions: This quote has been specifically prepared to deliver with: Tailgate Delivery Order Provisions: Please note the attached freight terms. Signature that authorizes DEMCO to place order . _______________________________________________________________________________ Signature Date . _______________________________________________________________________________ Name (Print) Title BILL TO: SHIP TO: CONTACT: ______________________________ ______________________________ ______________________________ City of Carlsbad Darin Williamson DARIN WILLIAMSON 1635 Faraday Ave Carlsbad City Library CARLSBAD CITY LIBRARY Carlsbad CA 92008-7314 1250 Carlsbad Village Dr 1250 CARLSBAD VILLAGE DR Carlsbad CA 92008-1949 CARLSBAD CA 92008-1949DocuSign Envelope ID: 2A426804-36AC-43FD-94E1-9FED7E7A1697 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/25/2020 M3 Insurance Solutions,Inc.828 John Nolen DriveMadisonWI53713 Nate Troyer 6082882860 nate.troyer@m3ins.com Federal Insurance Co.20281 WALLF-1 Vigilant Insurance Company 20397DEMCO,Inc.4810 Forest Run RoadMadisonWI53704 1803459230 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X Y 35362931 8/1/2020 8/1/2021 2,000,000 A 1,000,000 X X X 73239817 8/1/2020 8/1/2021 A X X 1,000,000797593228/1/2020 8/1/2021 1,000,000 X 0 B X717060098/1/2020 8/1/2021 500,000 500,000 500,000 The Umbrella policy provides excess coverage above the Auto,General Liability and Workers’Compensation policy.RE:Project state date:10/31/20.End date:12/31/20.Value $10,000. The City of Carlsbad is an Additional Insured with respect to General Liability when required by written contract. City of Carlsbad1635FaradayAveCarlsbadCA92008 DocuSign Envelope ID: 2A426804-36AC-43FD-94E1-9FED7E7A1697 DocuSign Envelope ID: 2A426804-36AC-43FD-94E1-9FED7E7A1697 DocuSign Envelope ID: 2A426804-36AC-43FD-94E1-9FED7E7A1697